A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 4, 2012, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for the same crime in the above support on November 12, 2014.

On January 8, 2019, at around 22:48, the Defendant driven an FW125 motorcycle at a 1km section from the front of the C Elementary School in Kimhae-si B to the front of the E agency located in Kimhae-si D, while under the influence of alcohol by 0.165% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

Disadvantageous circumstances: The defendant caused a large risk to the life and safety of many people by driving in a state of chronic alcohol (0.165% of blood alcohol concentration).

The crime of this case has been committed without being aware of the history of punishment three times for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

There is no record of punishment exceeding fines for the same kind of crime in the past.